SUSHIL KUMAR AGARWAL Vs. A. PRASAD AND ANOTHER

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution for quashing the order dated 2.4.1976 passed by the learned Additional District Judge, Dehradun, allotting the building in dispute to opposite party No. 1.

(2.) Briefly stated the facts are that Flat No. 3/1 forms part of B.B.C. building Kulri, Mussorie, Admittedly one Miss C. Ram was a tenant of this flat. It is a residential quarter Miss C. Ram vacated the same and placed the opposite party No. 1 in possession of it. The Rent Control Inspector made an enquiry and reported that the opposite party No. 1 had occupied the flat in an unauthorised manner. The building was declared as vacant and allotment application were invited. The petitioner, opposite party No. 1, and one Sri J.P. Singhal applied for allotment. Since Sri J.P. Singhal did not take any interest in this matter he is not in the picture at all. The controversy remains between the petitioner and the opposite party No. 1. From the judgment of the learned District Judge it is evident that the application moved by the petitioner was prior in point of time to the application moved by the opposite party No. 1. The Rent Control and Eviction officer allotted the premises to the present-petitioner against which the opposite party No. 1 filed an appeal under Sec. 18 of U.P. Act XIII of 1972, as it stood at that time.

(3.) After going through the entire matter the learned Additional District Judge, Dehradun, came to the conclusion that A. Prasad is no doubt in unauthorised occupation of the building but he will suffer considerable hardship if he is made to vacate it. Besides it, he is a public servant and entitled to preference under rule 11. Accordingly the appeal was allowed and the Flat was allotted to A. Prasad, opposite party No. 1. The rival claimant, namely, Sushil Kumar has filed this petition. Notice of this petition was duly served on the opposite party but he has not appeared to contest it.